United States District Court, W.D. Louisiana, Alexandria Division
REPORT AND RECOMMENDATION
PEREZ-MONTES, MAGISTRATE JUDGE
the Court is the Complaint (Doc. 1) and Amended Complaints
(Docs. 10, 25) under Bivens v. Six Unknown Agents of the
Federal Bureau of Narcotics or 28 U.S.C. § 2241
filed by pro se Plaintiff Vaughn Johnson
(“Johnson”) (#A096335944). At the time of filing,
Johnson was an immigration detainee in the custody of the
Department of Homeland Security/U.S. Immigration and Customs
Enforcement (“DHS/ICE”) incarcerated at the
LaSalle Detention Center in Jena, Louisiana.
this Court lacks jurisdiction over Johnson's claims, his
Complaint and Amended Complaints (Docs. 1, 10, 25) should be
was convicted of making a false statement on a passport
application in violation of 18 U.S.C. § 1542. (No.
6:10-cr-238, M.D. Fla.). While on supervised release, Johnson
again made a false statement on a passport application. (Case
No. 6:15-cr-003, M.D. Fla.). Johnson was also convicted in
the United States Virgin Islands of wire fraud, in violation
of 18 U.S.C. § 1343. Johnson v. Immigration &
Customs Enf't, 13-cv-080, 2014 WL 1912355 (S.D. Ga.
May 12, 2014).
was ordered removed from the United States (Doc. 1-2, pp.
43-50) and has since been removed. Johnson challenges the
legitimacy of the removal order. (Doc. 25, p. 20). Johnson
also disputes the authority of DHS/ICE to issue detainers.
(Doc. 25, p. 20).
has previously raised these and similar allegations in
petitions for writs of habeas corpus and “numerous
motions seeking various forms of relief, ” Johnson
v. Immigration & Customs Enf't, 5:13-cv-080,
2014 WL 1912355, *1 (S.D. Ga. May 12, 2014) (dismissing
petition and denying “miscellaneous motions”),
which included “numerous pages of rambling
discussion” that made it “difficult to decipher
[Johnson's] claims, ” Johnson v. United
States, 6:16-cv-2167, Doc. 47, p. 3. See also
Johnson v. Attorney Gen. of United States, 2:17-cv-0422,
2017 WL 4343083 (D. Nev. Sept. 30, 2017) (denying petition,
motions to amend, and emergency motions); Johnson v.
Immigration and Customs Enforcement, 6:17-cv-1911, M.D.
Fla. (denying Emergency Motion for U.S. True Identity,
Nationality and Biometric Official Verification Evidentiary
Hearing and for Equal Protection); Johnson v. Immigration
and Customs Enforcement, 6:15-cv-1102, M.D. Fla.
(denying petition and terminating five miscellaneous
motions). In this Court alone, Johnson has previously filed
three civil actions, all of which were dismissed for lack of
jurisdiction. (1:18-cv-1427; 1:18-cv-1484; 1:19-cv-160).
Law and Analysis
Johnson's Complaint is subject to preliminary
he is proceeding in forma pauperis, Johnson's Complaint
is subject to screening under 28 U.S.C. § 1915(e)(2),
which provides for sua sponte dismissal of a complaint, or
any portion thereof, if the Court finds it is frivolous or
malicious, if it fails to state a claim upon which relief may
be granted, or if it seeks monetary relief against a
defendant who is immune from such relief.
complaint is frivolous when it “lacks an arguable basis
either in law or in fact.” Neitzke v.
Williams, 490 U.S. 319, 325 (1989). A claim lacks an
arguable basis in law when it is “based on an
indisputably meritless legal theory.” Id. at
327. A complaint fails to state a claim upon which relief may
be granted when it fails to plead “enough facts to
state a claim to relief that is plausible on its face.”
Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009).
The Court lacks jurisdiction over challenges to
Johnson's removal order and detainers.
seeks an order to enjoin his removal and to reinstate his
Florida driver's license. “Federal courts are
courts of limited jurisdiction. They possess only that power
authorized by Constitution and statute....”
Kokkonen v. Guardian LifeIns. Co. of Am.,
511 U.S. 375, 377 (1994) (citations omitted). The burden of
establishing a federal court's jurisdiction rests upon
the party that invokes jurisdiction. See Hartford Ins.
Group v. Lou-Con Inc., 293 F.3d 908, 910 (5th Cir. 2002)